A Notice of Commencement is one of those construction documents that most Florida homeowners have never heard of — until something goes wrong. This simple legal filing is required before construction begins on your roof replacement, and failing to file one can expose you to liens, double payment, and legal complications that far exceed the $20 filing cost.
What a Notice of Commencement Is
A Notice of Commencement — commonly called an NOC — is a legal document that a property owner files with the county clerk's office before construction work begins. It serves three critical purposes.
It establishes the start of the project. The NOC records the date construction is scheduled to begin, which triggers the timeline for lien rights under Florida's Construction Lien Law (Chapter 713, Florida Statutes).
It identifies all parties. The NOC names the property owner, the general contractor, the project lender (if any), and the surety (if a bond is involved). This creates a public record of who is responsible for the project.
It protects the homeowner from liens. This is the most important function. Once a valid NOC is recorded, subcontractors and material suppliers must serve you with a Notice to Owner within 45 days of first providing labor or materials. This notice alerts you that they are working on your property and gives you the opportunity to ensure they are being paid by your general contractor before you release final payment.
Why It Matters for Roofing
A typical roof replacement involves multiple parties beyond your general contractor: underlayment suppliers, shingle or tile distributors, dumpster companies, and sometimes specialty subcontractors for specific components. If your general contractor does not pay these suppliers and subcontractors, Florida law allows them to file construction liens against your property — even though you paid your contractor.
Without a filed NOC, these parties can file liens without ever having notified you that they were involved in the project. With a filed NOC, they must serve you with a Notice to Owner first, giving you advance warning and the ability to verify that payments are being made before you release your final payment to the contractor.
How to File a Notice of Commencement
Step 1: Obtain the form. Most Florida county clerk websites provide a standard NOC form. Your roofing contractor should provide a pre-filled form as part of their permitting service.
Step 2: Complete the form. The NOC requires: property owner name and address, property legal description (from your deed), contractor name and license number, contractor address, project description (e.g., "roof replacement"), lender name (if financing), and estimated project cost.
Step 3: Sign and notarize. The property owner must sign the NOC, and the signature must be notarized. Many roofing contractors coordinate this during the contract signing appointment.
Step 4: Record with the county clerk. The signed and notarized NOC must be recorded with the clerk of court in the county where the property is located before construction begins. Recording fees are typically $10 to $30.
Step 5: Post at the job site. Florida law requires that a certified copy of the NOC be posted at the job site or, if that is not practical, at the property owner's residence within the county. Most contractors post a copy inside the home near the front door.
Cost
The NOC itself costs nothing to prepare — the form is free. Recording fees at the county clerk's office typically total $10 to $30. Notarization costs $5 to $15 if you do not have a notary available through your contractor. Most reputable roofing contractors include NOC preparation and filing in their project price with no separate charge.
What Happens Without an NOC
Without a recorded Notice of Commencement, you lose the notice-and-cure protections of Florida's Construction Lien Law. Specifically, subcontractors and suppliers can file liens on your property without first serving you with a Notice to Owner. You may not discover the lien until you try to sell or refinance your home. And you could be liable for paying the full amount of the lien even though you already paid your general contractor.
This scenario is not theoretical. It happens regularly in Florida, particularly when homeowners hire contractors who skip the permitting process or take shortcuts on documentation.
Red Flag: Contractors Who Skip the NOC
If your roofing contractor does not mention the Notice of Commencement, consider it a red flag. Legitimate contractors who pull proper permits and follow Florida law include the NOC as a standard part of their process. A contractor who skips the NOC may also be skipping the permit, which creates additional problems with building code compliance, insurance coverage, and resale.
The Bottom Line
The Notice of Commencement is a simple, inexpensive filing that provides critical legal protection for Florida homeowners during roof replacement projects. It costs under $30 and takes less than an hour of effort. At Goliath Roofing, we handle NOC preparation, owner signature coordination, recording, and job-site posting as a standard part of every roofing project — because cutting corners on documentation is how homeowners get hurt.
Frequently Asked Questions
What happens if you don't file a Notice of Commencement in Florida?
You lose lien protection. Subcontractors and suppliers can lien your property without advance notice, even if you paid your contractor.
Who files the Notice of Commencement — the homeowner or the contractor?
The owner is legally responsible, but most contractors prepare the NOC and handle filing. The owner must sign it.
How much does a Notice of Commencement cost in Florida?
$0 to $30 total. Recording fees at the county clerk are typically $10 to $30. The form itself is free.
